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Mr. Bozorgzad would require Mr. Bach's participation to build the street in that <br />configuration. <br /> <br /> Ms. Dennis felt this issue had been worked out as far as it can. It has a strong <br />Planning Commission recommendation and the concurrence of the people who worked <br />together to make it happen. She agreed the trail was a priority, but she did not want to <br />have a big fight and loose the trail altogether. <br /> <br />Ms. Michelotti wanted the easement for the path now. <br /> <br />Mr. Swift said that was provided in Condition #6. <br /> <br /> Mr. Tarver said that provides the easement, but it doesn't give the City the right to <br />build the path at any future date unless Condition #8 is changed. <br /> <br /> Mr. Roush asked if Council meant to obtain the easement before the parcel map <br />was recorded. In other words, in order for the Bozorgzad project to go forward, it must <br />have the signed easement from Mr. Bach. <br /> <br /> Mr. Bach said he could not give an easement if Council is contemplating building <br />the path before his property is developed. <br /> <br />Mr. Pieo withdrew his motion. <br /> <br /> It was moved by Mr. Pico to approve the staff recommendation with a <br />modification that the construction hours be limited to weekdays and prohibited on <br />weekends. <br /> <br />The motion died for lack of a second. <br /> <br /> It was moved by Ms. Dennis, seconded by Ms. Ayala, to approve the staff <br />recommendation, including a permit to allow construction on Saturdays while the <br />Greenbriar project is under construction. <br />The roll call vote was as follows: <br />AYES: Councilmembers- Ayala, Dennis, and Michelotti <br />NOES: Councilmember Pico and Mayor Tarver <br />ABSENT: None <br />ABSTAiN: None <br /> <br />Excerpt from the City Council Meeting Minutes of 9/20/99 10 <br />Page 10 <br /> <br /> <br />